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-   -   Dutrow loses appeal (http://www.derbytrail.com/forums/showthread.php?t=48853)

hoovesupsideyourhead 10-23-2012 12:45 PM

Dutrow loses appeal
 
http://www.drf.com/news/new-york-cou...eal-suspension

Calzone Lord 10-23-2012 01:44 PM

How many appeals does he have?

In the old days, trainers could be ruled off the track on a whim if the racing association felt it was in the best interest to do so.

John Veitch's grandfather was ruled off for a year or two after some shady happenings with one of his steeple chase horses at Belmont.

hoovesupsideyourhead 10-23-2012 01:53 PM

many, im thinking..and he continues to be able to run and win..steve would know more about this..

parsixfarms 10-23-2012 02:46 PM

He'll have one more shot to get the New York Court of Appeals to hear the case (very much a longshot). From the article, it sounds as if the current stay would be lifted once all state court appeal options are exhausted. That should occur by year end.

I suppose he could seek to collaterally attack the state court rulings in federal court, but that also would be a longshot. In addition, federal courts are generally less likely to grant an injunction to preserve the status quo during the pendency of any federal court proceeding than their state court counterparts would be. In other words, he would probably have to pursue any federal court remedies while not training.

pointman 10-23-2012 02:54 PM

Quote:

Originally Posted by parsixfarms (Post 897726)
He'll have one more shot to get the New York Court of Appeals to hear the case (very much a longshot). From the article, it sounds as if the current stay would be lifted once all state court appeal options are exhausted. That should occur by year end.

I suppose he could seek to collaterally attack the state court rulings in federal court, but that also would be a longshot. In addition, federal courts are generally less likely to grant an injunction to preserve the status quo during the pendency of any federal court proceeding than their state court counterparts would be. In other words, he would probably have to pursue any federal court remedies while not training.

This is a very correct list of his options at this point. The Court of Appeals hears a very small percentage of cases that they are requested to hear. The conflict issue is interesting and may give him a better chance than most, but his chances of actually getting his case before the Court of Appeals are very small. The end of the road is near.

freddymo 10-23-2012 03:11 PM

Free Dick

Rupert Pupkin 10-23-2012 03:15 PM

I'm probably in the minority but I feel the punishment is somewhat unfair. It just seems so arbitrary. Biancone only got a year for the snake venom. The snake venom seems a lot worse to me. I wouldn't have a problem if they gave Dutrow 2 or 3 years but 10 years seems extreme.

In general, I think most of the penalties given are way too light. I want them to get stricter and hand down more severe penalties but this just seems way too extreme and arbitrary. I think there are plenty of guys out there who are just as bad, if not worse than Dutrow. For example, how many violations does Asmussen have compared to Dutrow? Is Asmussen going to get 10 years the next time he has a positive test? I highly doubt it. He will probably get 60 days or something like that.

If Dutrow gets 10 years, that is probably the end of his career. If he used some totally banned substance I wouldn't have a problem with it. If they gave someone 10 years for EPO or snake venom, I wouldn't have any problem with that.

Coach Pants 10-23-2012 04:05 PM

Should be a lifetime ban. But 10 years will suffice. Go live in a trotter barn.

SOREHOOF 10-23-2012 06:00 PM

He's the Scapegoat.

cmorioles 10-23-2012 07:11 PM

Quote:

Originally Posted by SOREHOOF (Post 897803)
He's the Scapegoat.

You have to start somewhere, and scapegoat or not, you won't find anybody in New York with a longer list of repeated violations than Dutrow.

Rudeboyelvis 10-23-2012 07:14 PM

Quote:

Originally Posted by Coach Pants (Post 897745)
Should be a lifetime ban. But 10 years will suffice. Go live in a trotter barn.

If he has 50 horses, he'll have a barn next to Ness at Tampa by Dec. 1st.

Cannon Shell 10-23-2012 09:25 PM

Originally he was having his license revoked and wasnt eligible to reapply for 10 years but now they are calling it a suspension. The difference is that if NY refused to license him other states arent bound to do the same whereas a suspension is generally honored.

pmayjr 10-23-2012 10:06 PM

Jayne Vaders got it worse and hasn't been seen since correct? I just remember her being a high% trainer at Philly. Is she looked upon any better or worse than Dutrow?
http://www.bloodhorse.com/horse-raci...al-in-pa-court

Cannon Shell 10-23-2012 10:18 PM

Quote:

Originally Posted by pmayjr (Post 897852)
Jayne Vaders got it worse and hasn't been seen since correct? I just remember her being a high% trainer at Philly. Is she looked upon any better or worse than Dutrow?
http://www.bloodhorse.com/horse-raci...al-in-pa-court

Jayne Vaders was a program trainer

pmayjr 10-23-2012 10:24 PM

I apologize but I don't know what that means (If that was a joke it flew right over my head)?

Cannon Shell 10-23-2012 10:36 PM

Quote:

Originally Posted by pmayjr (Post 897854)
I apologize but I don't know what that means (If that was a joke it flew right over my head)?

She was trainer in name only. McCaslin was the real trainer but because of his troubles they ran in her name. He runs under Ed Autwater in PA currently.

pmayjr 10-23-2012 10:37 PM

oh... gotcha... but does she assist someone now?

Cannon Shell 10-23-2012 10:49 PM

Quote:

Originally Posted by pmayjr (Post 897858)
oh... gotcha... but does she assist someone now?

Not that I know of

richard 10-24-2012 01:14 AM

Quote:

Originally Posted by freddymo (Post 897730)
Free Dick

girls can't even get slobs to vacuum

Rupert Pupkin 10-24-2012 03:24 AM

Quote:

Originally Posted by Cannon Shell (Post 897843)
Originally he was having his license revoked and wasnt eligible to reapply for 10 years but now they are calling it a suspension. The difference is that if NY refused to license him other states arent bound to do the same whereas a suspension is generally honored.

Chuck, What do you think about the severity of the penalty? Do you think a 10 year suspension is warranted in this case? Is Dutrow really any worse than these other trainers who are only getting 60 day suspensions?

Cannon Shell 10-24-2012 06:29 AM

Quote:

Originally Posted by Rupert Pupkin (Post 897865)
Chuck, What do you think about the severity of the penalty? Do you think a 10 year suspension is warranted in this case? Is Dutrow really any worse than these other trainers who are only getting 60 day suspensions?

Obviously there is some hyperbole that played into the 10 year time period. Dutrow's personality surely played a role in the severity as he has repeatedly thumbed his nose up at the authorities though I'm not sure that should matter it seems to have. He is being made the poster child for "cleaning up the game" and it isnt that much different than the bountygate cases in the NFL though there seems to be a lot more evidence against Dutrow the thought process of the authorties seems to be similar. Are his violations that much worse than some other big trainers? Not really. Do I feel bad for him? I guess I do have some sympathy but honestly most of this lies at his own feet. There is a difference between being outspoken and being stupid. He crossed this line too many times and is probably going to pay the price though I still want to know if he is being denied a license or is being suspended. If he is being denied a license he may find a state that will license him feeling that the NY penalty is too severe or will use others like jockeys who have been licensed in some states but not others. In the end this won't have much impact because there are very few trainers with a laundry list of violations that he had that were also so willing to make themselves the center of attention as well. So in effect most trainers wont give this another thought, the cheaters will still cheat, the honest guys will still be honest, Tony Dutrow and Rudy Rodriguez will pick up more horses and life will go on.

freddymo 10-24-2012 01:45 PM

Quote:

Originally Posted by Cannon Shell (Post 897868)
Obviously there is some hyperbole that played into the 10 year time period. Dutrow's personality surely played a role in the severity as he has repeatedly thumbed his nose up at the authorities though I'm not sure that should matter it seems to have. He is being made the poster child for "cleaning up the game" and it isnt that much different than the bountygate cases in the NFL though there seems to be a lot more evidence against Dutrow the thought process of the authorties seems to be similar. Are his violations that much worse than some other big trainers? Not really. Do I feel bad for him? I guess I do have some sympathy but honestly most of this lies at his own feet. There is a difference between being outspoken and being stupid. He crossed this line too many times and is probably going to pay the price though I still want to know if he is being denied a license or is being suspended. If he is being denied a license he may find a state that will license him feeling that the NY penalty is too severe or will use others like jockeys who have been licensed in some states but not others. In the end this won't have much impact because there are very few trainers with a laundry list of violations that he had that were also so willing to make themselves the center of attention as well. So in effect most trainers wont give this another thought, the cheaters will still cheat, the honest guys will still be honest, Tony Dutrow and Rudy Rodriguez will pick up more horses and life will go on.

I would assume he could or will simply move his tack to a off track location and have horses race under a different named trainer? If you are an owner it is so worth having him train your horses the guy is magic and magic means money in this business.

Cannon Shell 10-25-2012 05:11 PM

Quote:

Originally Posted by freddymo (Post 898031)
I would assume he could or will simply move his tack to a off track location and have horses race under a different named trainer? If you are an owner it is so worth having him train your horses the guy is magic and magic means money in this business.

In theory he could be licensed in another state. The issue he will face is that the stewards in NY will be instructed to not accept entries of horses that are in the care, custody and control of the trainer named without some sort of proof offered. If the trainer "of recor" is facing sanctions, he will find it really difficult to come up with someone to assist.

analyizethis 10-26-2012 10:06 AM

Quote:

Originally Posted by Cannon Shell (Post 897868)
Obviously there is some hyperbole that played into the 10 year time period. Dutrow's personality surely played a role in the severity as he has repeatedly thumbed his nose up at the authorities though I'm not sure that should matter it seems to have. He is being made the poster child for "cleaning up the game" and it isnt that much different than the bountygate cases in the NFL though there seems to be a lot more evidence against Dutrow the thought process of the authorties seems to be similar. Are his violations that much worse than some other big trainers? Not really. Do I feel bad for him? I guess I do have some sympathy but honestly most of this lies at his own feet. There is a difference between being outspoken and being stupid. He crossed this line too many times and is probably going to pay the price though I still want to know if he is being denied a license or is being suspended. If he is being denied a license he may find a state that will license him feeling that the NY penalty is too severe or will use others like jockeys who have been licensed in some states but not others. In the end this won't have much impact because there are very few trainers with a laundry list of violations that he had that were also so willing to make themselves the center of attention as well. So in effect most trainers wont give this another thought, the cheaters will still cheat, the honest guys will still be honest, Tony Dutrow and Rudy Rodriguez will pick up more horses and life will go on.

Regarding your last sentence; will they pick up more horses because of the close relationship to Dutrow or is there an implication that they are cheaters?

Cannon Shell 10-26-2012 08:08 PM

Quote:

Originally Posted by analyizethis (Post 898497)
Regarding your last sentence; will they pick up more horses because of the close relationship to Dutrow or is there an implication that they are cheaters?

They already share many common owners so the thought is the horses will just for the most part go to Tony Dutrow and Rudy Rodriguez and life will go on pretty much unchanged.

richard burch 11-01-2012 10:24 PM

it would be better if some trainers started to actually train horses rather than worry about what drugs to give them.

Kasept 01-08-2013 11:07 AM

New York State Court of Appeals denies Dutrow's motion for leave to appeal (meaning they do not find that he has grounds to an appeal)..

Kasept 01-08-2013 11:26 AM

Matt Hegarty ‏@DRFHegarty: Dutrow attorney Micheal Koenig, on whether Dutrow will appeal in fed court: "We are considering all options."

freddymo 01-08-2013 12:14 PM

I hope he appeals and a Federal Court grants a stay.

Calzone Lord 01-08-2013 12:39 PM

Meanwhile, the GREAT Scooter "the shooter" Davis is currently serving his 42nd career suspension and is in search of his 11th "this is your last chance"...











Good to see he is enjoying his time off ... and we eagerly await his glorious return to training.

Danzig 01-08-2013 12:50 PM

Quote:

Originally Posted by freddymo (Post 910891)
I hope he appeals and a Federal Court grants a stay.

why?

freddymo 01-09-2013 08:25 AM

Quote:

Originally Posted by Danzig (Post 910900)
why?

Tremendous trainer no worse then The Pletcher's of the world.

reese 01-09-2013 08:44 AM

Quote:

Originally Posted by freddymo (Post 910987)
Tremendous trainer no worse then The Pletcher's of the world.

And he has been railroaded by politicos he alienated when they were on thr NYSRWB...he was in KY when his barn was raided...the NYS "kangaroo" court is controlled by NYS politicians anyway.

No doubt, Dutrow should appeal to Federal Courts.

MaTH716 01-09-2013 10:29 AM

Quote:

Originally Posted by freddymo (Post 910891)
I hope he appeals and a Federal Court grants a stay.

From Twitter:
David Grening ‏@DRFGrening-Rick Dutrow's 3 runners entered today at AQU will be permitted to run. Dutrow said this a.m. he plans to seek federal injunction Thursday.

David Grening ‏@DRFGrening -More Dutrow: "I will not give up. There's no way I'm going to give up."

Danzig 01-09-2013 10:51 AM

Quote:

Originally Posted by freddymo (Post 910987)
Tremendous trainer no worse then The Pletcher's of the world.

i'd rather that all cheaters get real punishment. punishing none isn't a good choice, or some...

freddymo 01-09-2013 11:07 AM

Quote:

Originally Posted by Danzig (Post 911002)
i'd rather that all cheaters get real punishment. punishing none isn't a good choice, or some...

Have you seen Pletchers horses run year after year wholes thru the wind in Florida and then in NYC they either die or rarely regain such form.. At least Dutrow is a good cheat beating the NY watch dogs

Danzig 01-09-2013 11:26 AM

Quote:

Originally Posted by freddymo (Post 911003)
Have you seen Pletchers horses run year after year wholes thru the wind in Florida and then in NYC they either die or rarely regain such form.. At least Dutrow is a good cheat beating the NY watch dogs

yes.
and i hope he gets his too.

MaTH716 01-17-2013 09:12 AM

According to Dave Grening, This One's for Phil heading to Rudy's barn. Also Reaching Out will be scratched today and go to Rudy as well.

Danzig 01-17-2013 10:15 AM

http://www.bloodhorse.com/horse-raci...nse?source=rss

cmorioles 01-17-2013 12:50 PM

Dutrow is going to have a tough time going federal. As run of the mill as his violations seem to us hardcore players, to those not in the game he sounds terrible.


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